Find solution
What's the worst advice you've ever received from someone?

Fraudulent Sale of Vehicle (repost, enjoying all the advice)?

  • I sold her this vehicle December 19, 2009, the letter i recevied from the attorney is dated February 19, 2010 and states "Ms. Lavade recently contacted this office regarding a 1999 Chevrolet Cavalier (hereinafter referred to as the "Vehicle")" she purchased from you earlier this month." I sold her the car DEC. 19 2009, this is a letter from an Attorney, isn't this false information???!!!!! The bill of sale was a typed one simply saying i the seller am selling this vehicle to buyer blah blah and agreed to the amount of 1100, purchased in cash, signed dated, and notarized by US Bank. I don't have the actual bill of sale and i'm wondering why the letters states how she purchased it earlier this month I sold a car back in December of 2009. Its a 1999 and everything seemed fine. I posted it on craigslist and got numerous calls for it. Of course everyone asked the typical questions "how does it run?" "whats wrong with it?" and so on. It had a broken tail light, dings and dents, brakes going out, alternator bad, and battery dying from bad alternator. We took to get the alternator replaced. Gave them the receipt and they bought it for $1,100. Now they hired an attorney and i recently received a letter to give her a full refund before taking any legal action. It was considered a fraudulent sale of vehicle, because she took it to the mechanic 3 months AFTER she purchased the car and now trying to sue me for it. What is the whole process of this? Is there any way out? I honestly never knew there were engine problems, we just didn't need the car anymore so we sold it! It was in great condition otherwise, and they had the option to take it to a mechanic for inspection but didn't they went ahead and just bought it anyways. How is it fraudulent if I didn't mention anything that I didn't know. That's why this is a private selling situation, no refunds nothing right? I'm not sure but can someone give me some input or advise on what I can do? I'm an honest person, I would never want to sell a bad car :[ this is horrible! * 3 hours ago What do I do then? I already contacted the attorneys office from which they sent the letter from. I didn't write "sold as is." I'm only 20 years old and I don't know much about selling cars. I went off of what I could on what I researched, there's no way I'd pull a fraud on a vehicle, i'd be dumber than the person buying it. On the letters quotes "In this instance, Ms. Lanier relied on your superior knowledge of your vehicle in the good faith expectation that you would act honestly and fairly. As you and your family failed to do so, Ms. Lanier is entitled to rescind the transaction." This is really scary. She's asking for $1,450, like I have that money. And if I go to court and I don't win I don't have money to accomodate for the expenses and attorney fees on my behalf and hers. I am contacting attorneys and waiting for their opinion. I'm in Colorado. I don't want to ignore it, I want to be proactive but I feel I did what I could on my part, I was as honest as I could be. The car was for her 16 year old daughter, its her first car! I even went as far as washing the car by hand, vaccuming it, purchasing an air freshner, and filling it up nearly full, I was just excited for her as she was herself. My mom bought me a car from a dealership when I was 16 and turns out the transmission was bad, there would never be a situation where I would do unto others this way, I am really upset and disappointed. :[ REALLY APPRECIATE EVERYONES HELP! WOULD AS MUCH ADVISE AS POSSIBLE, THANK YOU ALL SO MUCH!

  • Answer:

    Why repost? The question has been asked and answered. Your blog doesn't change the facts. Ms Lanier is NOT "entitled" to jack or squat. This strip-mall, Milton-Bradley lawyer knows it too. Send him a post-it note simply saying "see you in court".

fashionj... at Yahoo! Answers Visit the source

Was this solution helpful to you?

Other answers

This is the second time I've answered this. You need to get a life! Private party used car sales are presumed to be "as is" transactions. You offered no warranty, implied or explicit. If the car fell apart as she was driving it out of your driveway, it's her problem, not yours. You owe her nothing. The rule of law is "caveat emptor", which is Latin for buyer beware. The law is on your side and this will get laughed out of court if it ever makes it that far.

I'm not sure but can someone give me some input or advise on what I can do? ---- You go to court and say the sale was AS IS...and you do remind them that you do not look like an ASE certified auto tech, so you opinion on the mechanicals of a vehicle is not exactly gospel, anyway. Basically, you tell the judge that the buyer made the same mistake many posters here have done...and it's not your problem.

Cutting through it all to the essentials (way too much information) you answer the attorney that yes indeed, you sold a vehicle to his client, but not earlier this month, actually on December 19, 2009, and as is with disclosure of problems with the vehicle, and ample opportunity for your client to have it inspected by any mechanic of her choice, at her expense, before the sale. As such, I do not and never claimed to have superior knowledge of the vehicle nor the condition thereof, and lacking any written warranty as to condition or return, which means it was sold as is, I do not intend to give any refund, especially when she asking for $350 over the amount she purchased it for. Should you wish to discuss this matter further, I would be happy to give you the name and address of my attorney. I'd bet you it will go away at that point.

You need to just put this out of your mind unless and until you get a court notice. (Which you probably wont ever get) They are trying to SCARE you into giving their money back. They don't have a legal leg to stand on and they know it. You CANT really be proactive here. You have to just sit back & wait for them to sue you. Then as long as you show up in court, you win. Even if you don't show up and lose, you don't have to pay them a penny. Its up to them to collect it. You are 20. They CANT collect it. Its "game over" for them. Unless you just want to pay $1450 to avoid worrying about it. You have gotten advise from lots of us who KNOW what we are talking about. That letter you got was not a legal document. It was a "scare" tactic. Take a chill pill. You didnt do anything wrong and no judge will say you did. If you want to hire an attorney to tell you the same thing we did, go right ahead and spend a few hundred bucks. It wont change anything.

Related Q & A:

Just Added Q & A:

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.